Apple and Samsung back in court over seven-year patent feud

17 May, 2018, 06:54 | Author: Tracy Craig
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"It is one, very specific ornamental design."Samsung also wanted to argue that no damages should be awarded for about 1 million of the phones in question because they're cased in white plastic, rather than black". Economist Chris Vellturo offered an assessment of the reasonableness of royalty payments had Samsung chosen to license the patents from Apple, added to the lost profits had Samsung phones not offered the same features. In its opinion, lower courts should not always consider that the end product is the "relevant article of manufacture" in patent infringement cases.

"The only way Apple can come up with $1bn in damages is by saying the article of manufacture applies to the whole phone", Quinn said. The first jury had awarded damages based on those patents and on trade dress for 13 Samsung models, necessitating a recalculation of damages for the utility patent infringement only. For its part, Samsung is seeking some $7 million in damages for the two patents it claims Apple infringed in order to send a message that software patents are worth significantly less than Apple is suggesting. "That is what the law requires".

Instead of releasing another flip phone or keyboard phone, Apple devised the iPhone, which revolutionized phone design and quickly took the market by storm.

"The iPhone was praised by commentators, consumers, designers, artists and even some competitors", Lee said during opening argument.

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The lawsuit will be about what damages Apple can extract from sales of Samsung smartphones.

The basic question for the jury is: Should Samsung have to pay damages on the whole device or just the components that were infringed? "To make something exactly like the iPhone". Samsung has already shelled out $548 million, but it's the other $399 million that's being fought over. In that capacity, it stated, the sum ought to have been restricted to the estimation of the culpable parts and not the entire gadgets. Whereas Samsung is fighting that it should give a lesser value for a portion of the iPhone's value.

Originally filed in 2011, the case drew significant media attention as it provided insight into the operations of two notoriously secretive and highly successful technology companies. Apple's dispute with Samsung for blatant copying its several smartphone design features has been running for a very long time now!

The latest trial is expected to last about five days, with the jury to be selected today.

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